Hawaii property owners have a duty to keep their properties safe for use. If you fall because a property owner failed to take care of a wet floor, cluttered aisle or something similar and injure yourself, you may want to file a case against the responsible party.
If you wish to prove that a Hawaii property owner’s negligence was responsible for your fall the injuries you suffered, there are certain elements you must prove.
Understanding the burden of proof
Proving liability in a slip-and-fall case involves demonstrating three main things. First, you need to show that an unsafe condition on the property created an unreasonable safety risk. Part of this involves showing that the owner either knew or should have known about the hazard.
Second, you need to show that the property owner either created the hazardous condition or had “actual or constructive notice” of its existence. Third, you need to prove that the owner of the property failed to exercise care in eliminating the risk or hazards that lead to your fall or failed to tell you and others about them.
Understanding “constructive notice”
In your attempts to prove whether a property owner had constructive notice about the hazard that caused your fall, you must show that the owner would have been able to find the defect, had he or she exercised reasonable care. This may require more than just demonstrating that a property owner spent time in the vicinity of the defect or hazard.
To move forward with showcasing how a Hawaii property owner’s negligence caused your fall and fall-related injury, you must have had a legal right to be on the property in the first place.